The Najib administration relies on a range of broad and vaguely worded laws, such as the Sedition Act, ‘to harass, investigate and arrest’ individuals for peaceful expression, says a global rights group. – The Malaysian Insider file pic, October 27, 2015.New York-based watchdog Human Rights Watch (HRW) released today a report documenting Putrajaya’s alleged abuse of laws to criminalise peaceful expression and urged Prime Minister Datuk Seri Najib Razak to stop treating criticism as a crime.
Titled “Creating a Culture of Fear: The Criminalisation of Peaceful Expression in Malaysia”, the 145-page report accuses Najib of repeatedly breaking his promises to repeal repressive and draconian laws and also reminded him of his pledge to “uphold civil liberties” when he took office in April 2009.
HRW said the Najib administration, particularly since 2013, had used a range of broad and vaguely worded laws “to harass, investigate and arrest” individuals for peaceful expression.
The level of repression intensified since late last year amid increasing public criticism of Putrajaya’s treatment of former opposition leader Datuk Seri Anwar Ibrahim, now serving jail time for sodomy, and over plans to impose the goods and services tax which was rolled out in April this year.
HRW also noted the “spiralling corruption scandal” involving state-owned investment firm 1Malaysia Development Bhd (1MDB), which led the government to block websites and suspend newspapers reporting on the scandal.
Amid these moves, Putrajaya also announced plans to strengthen laws to regulate Internet use.
The report, compiled over a period of more than one year between March 2014 and this month, found that not only were opposition members targeted, but so were the media, civil society and social media users.
The report is based on analyses of laws such as the Sedition Act, Printing Presses and Publications Act (PPPA) the Communications and Multimedia Act (CMA), Peaceful Assembly Act (PAA), and various provisions of the Penal Code.
HRW also put the spotlight on trends in oppression, such as abuse of the legal process by making late-night arrests, unjustifiable remand orders and selective prosecution.
HRW Asia director Brad Adams said the Malaysian government was making a mockery of its claims to democracy and fundamental rights by treating criticism as a crime.
“Prime Minister Datuk Seri Najib Razak and the Malaysian government have repeatedly broken promises to revise laws that criminalise peaceful expression. Instead, Malaysia has gone on a binge of prosecution of critics,” he said in a press statement on the report’s launch.
HRW also wrote to the home minister, Attorney-General, inspector-general of police (IGP) and chairman of the Malaysian Communications and Multimedia Commission (MCMC) for their views on issues raised in the report, but none responded.
In its recommendations to the government, HRW called for a repeal of the Sedition Act and the PPPA, as well as for amendments to the CMA to decriminalise offensive or annoying speech.
Malaysia’s laws, it added, should be consistent with international standards on the freedom of expression.
HRW’s recommendations to the Attorney-General’s Chambers are for all investigations and prosecutions under the Sedition Act and for insulting speech to be dropped.
Putrajaya should also drop its appeal against the High Court ruling quashing the suspension of The Edge Weekly and The Edge Financial Daily for their reporting on 1MDB.
HRW also had a message for the IGP: to cease issuing orders via social media for the police to undertake investigations based on tweets, Facebook posts and other social media content.
Police should also stop treating peaceful assemblies as “activity detrimental to parliamentary democracy”, adding that the Penal Code sections of 124B and 124C should not be used as a basis to arrest peaceful protesters.
MCMC was also urged to lift its block on London-based website Sarawak Report and to stop using the CMA to restrict public discussion on public interest matters, including 1MDB.
Malaysia needed a federal law on the freedom of information, it added, where government information should be disclosed unless there were compelling reasons consistent with human rights law to withhold them from the public.
Malaysia should also sign and ratify international conventions on civil and political rights, elimination of racial discrimination, and on the protection and promotion of migrant workers’ rights, HRW added.
It noted that the Asean summit would take place next month, and urged the leaders of other countries attending to press Malaysia for human rights reforms. – October 27, 2015.
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